Privacy Policy

Trademark Notices NetKnacks and certain other marks in this Web site are the trademarks, trade names, and service marks of the Company. Any use of such marks without the prior written consent of the Company prohibited. Other trademarks and logos are the property of the parties to whom they are attributed.

Policy on Third Party Legal Process It is the Company's policy to respond with reasonable promptness to subpoenas and other legal process served on the Company or its subsidiaries that seek information, documents or other business records. Third parties wishing to serve such process on the Company may do so in writing to Pinnacle Promotions, Inc., 4855 Peachtree Industrial Blvd., Suite 235, Norcross, Georgia 30092, ATTN: Corporate Secretary. The Company will evaluate each such request based upon the applicable law and facts. An administrative fee of $75 will be charged for each request to cover the Company's fees and expenses in responding to the request. The Company may require the requesting party to pay the applicable hourly rate for requests that require significant engineering or technical support. The Company may also charge additional amounts for requests that require substantial photocopying, third party charges or other expenses.

The Company expressly reserves any rights under applicable law in connection with its receipt, evaluation and any response to, any third party requests or legal process.

Legal Agreements Any use, display or reproduction of this website is subject to the Website Terms of Use. By visiting this website you agree to the Website Terms of Use.

This website may collect information from visitors to this website. All such information is subject to our Privacy Policy. By visiting this website or providing any information to this website you accept our Privacy Policy.

Telephone Monitoring To ensure the Company's customers receive quality service, the Company randomly selects phone calls for monitoring. These calls, between the Company's customers and employees, are evaluated by supervisors to ensure that prompt, consistent assistance and accurate information is delivered in a professional manner. The Company may also record telephone calls between its employees and its customers to create a permanent record of the customer's agreement to pricing and other terms and conditions. The Company has been properly licensed by the Georgia Public Service Commission to use such service observing equipment. {This notice is required by the Georgia Public Service Commission}.

Privacy Policy

The Company respects the privacy of its subscribers and the visitors and users of its websites.

This policy ("Privacy Policy") is intended to inform you of our policies and practices regarding the collection, use and disclosure of any personal information we obtain about you based upon your use of our website, products or services.

The Company collects information differently from different types of website users. Visitors to the Company's website are divided into two categories:

"Subscribers" are users who have registered to use the Company's services or have otherwise provided their contact information to the Company pursuant to this Privacy Policy.

"Unregistered Users" are persons who are not Subscribers who visit any of the Company's websites.

How the Company Collects Personal Information"Personal Information" is information about you that is personally identifiable to you such as your name, address, e-mail address, phone number, and other non-public information that is associated with the foregoing, as well as log-in information and passwords (other than log-in information and passwords that constitute "Financial Information" as defined below). We pay close attention to how Personal Information is collected, used and shared, and we use Personal Information sensibly.

The Company does not collect Personal Information from Unregistered Users.

The Company collects Personal Information from Subscribers through (a) the online registration process in which Subscribers are asked to identify themselves and to provide their names, addresses, email addresses, telephone numbers and similar identifying information, (b) the process of accepting orders for products from Subscribers (which may take place online, in the case of orders submitted through our Website, or via telephone, in the case of orders submitted over the phone), and (c) third parties and outside sources (where the Company may obtain information about a Subscriber from a source other than the Subscriber's actions and combine that acquired information with information provided by the Subscriber).

How the Company Collects Financial Information "Financial Information" is information about a person's financial condition or information about a person's bank accounts, credit accounts, financial accounts, payment history and records of invoices to that person, payments made by that person, other information pertaining to payment obligations and log-in information and payments to online accounts that have the power to initiate or receive payments.

We pay close attention to how Financial Information is collected, used and shared, and we use Financial Information sensibly.

The Company does not collect Financial Information from Unregistered Users.

The Company collects Personal Information from Subscribers through the online registration process and through the online billing process in which Subscribers are asked to provide a means of effecting payment for products or services purchased from the Company and through which information is created pertaining to Company invoices, Subscriber payments and other data pertaining to Customer payment obligations.

User Consent By visiting our website or using our products or services, you agree to the terms of this Privacy Policy.

Subscribers also agree to the Privacy Policy by entering into an agreement with the Company or otherwise agreeing to provide their contact information to the Company pursuant to this Privacy Policy.

Use of Personal Information The Personal Information we gather from Subscribers helps us learn about our Subscribers. We use this information to better tailor the features, performance and support of our solutions, products and services, and to contact you from time to time with information and offers about our or a third party's products and services.

We may also use Personal Information collected from Subscribers to suggest, through the interactive functions available on the Company's website, other products and services that may be of interest to the Subscriber based upon the Subscriber's website usage history and personal profile. We may also share Personal Information of Subscribers with other businesses to offer Subscribers products, services, and promotions. In addition, we may share such Personal Information with other businesses that may contact Subscribers regarding requests for service. We may also use Personal Information to provide Subscribers with electronic newsletters or promotional e-mails as well as information and offers about our products and services.

Use of Financial Information We may use Financial Information collected from Subscribers in order to bill Subscribers for fees due, process payments, collect amounts due, manage Subscriber billing disputes and otherwise manage the billing and collection of fees from Subscribers in accordance with the Subscription Agreement (collectively, the "Billing Process").

We do not share Financial Information with other parties (except to the extent Financial Information is shared with banks, financial intermediaries or collection agencies in connection with the Billing Process).

Personal and Non-Personal Information Collected via Technology As you navigate our website, certain passive information may also be collected, including your Internet Protocol address, browser type, and operating system. We also use cookies and navigational data like Uniform Resource Locators (URL) to gather information regarding the date and time of your visit and the solutions and information for which you searched and viewed. We may also collect information about you and the websites you have visited from Web beacons and other technical sources that might tell us information such as other websites visited, the pages you have visited recently, Web searches you have conducted and other information about your use of the Web. This information may be shared with third parties, and such third parties may store such data, but only as aggregate statistics which will not include personally identifiable information, for the purposes of improving our Advertising or making our solutions and services more useful to you.

Personal Information We Receive from Other Sources We may receive Personal Information about you from other sources like telephone or fax number. We may add this information to the information we have already collected about you in order to improve the solutions and services we provide.

Disclosure of Personal Information Except as otherwise stated in this Privacy Policy, we do not generally sell Personal Information to third parties. We may engage third parties to assist us, and, in connection with such assistance, we may provide them with Personal Information that we have collected from Subscribers and that is necessary for them to assist us.

We also use third parties to maintain and store Personal Information and to process any payment you make to us. Generally, these third parties are required not to use your Personal Information other than to provide the services requested by the Company.

We may at any time have subsidiaries and other companies under a common control (collectively, "affiliates"). We may share some or all of your Personal Information with these affiliates, in which case we will require our affiliates to honor this Privacy Policy.

If our Company or our assets are acquired by another company, that company will possess the Personal Information collected by us and it will assume the rights and obligations regarding your Personal Information as described in this Privacy Policy.

We may disclose your Personal Information if we believe in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on the Company; or (b) to protect and defend the rights or property of the Company or our subscribers.

Your Choices Regarding Your Personal Information Should you decide to stop receiving e-mail communications or newsletters from us, you will have the opportunity to "opt-out" by following the unsubscribe instructions provided in the e-mail. If at any time you wish to subscribe to any communications from us, you may do so by contacting us at info@netknacks.com. Despite your indicated e-mail preferences, we may send you e-mail regarding updates to legal notices applicable to the account you created with us. From time to time, we may contact you by telephone to offer you products or services that we believe may be valuable to you. Should you prefer not to receive such calls, please advise the representative who contacts you or contact customer service.

Regarding Minors Our services are not designed for minors under the age of 18. We do not intentionally gather Personal Information about visitors who are under the age of 18.

Links to Other Sites Our provision of a link to any other website or location is for your convenience and does not signify our endorsement of such other website or location or its contents. We have no control over, do not review, and cannot be responsible for these outside websites or their content. Please be aware that the terms of our Privacy Policy do not apply to these outside websites.

Security We use reasonable measures to maintain the security of your Personal Information. Even so, technical mistakes are possible. No service provider, including our Company, can fully eliminate security risks associated with Personal Information.

Contact Us Should you have any questions or concerns regarding this Privacy Policy, please contact us:

Privacy Policy Updates This Privacy Policy is subject to occasional revision, and if we make any changes in the way we use your Personal Information, we will notify you by posting an updated Private Policy at www.pinnaclepromotions.com. If you object to any such changes, you must cease using our website, products or services. Continued use of our website, products or services following notice of any such changes shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.

Choice of Law If you choose to visit the Company's website or use our products or services, any dispute over privacy is subject to this Privacy Policy and is governed by the laws of the State of Georgia.

Terms of Sale

These Terms of Sale (these "Terms") govern all purchases of goods or services through this website (this "Website") from Pinnacle Promotions, Inc. (the "Seller"). Anyone purchasing goods or services through this Website (each, a "Buyer") agrees to be bound by these Terms.

All sales of the goods covered hereunder (the "Goods") are F.O.B. Seller's shipping point, regardless of the means of delivery to Buyer, with title and risk of loss passing to Buyer at such time.

Except as expressly warranted by Seller in its written warranty applicable to the Goods, Seller makes NO WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, AND SPECIFICALLY MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Buyer agrees to assume all risks and liability for the Goods, whether used individually or in combination with other goods.

Buyer shall inspect the Goods immediately upon arrival and shall within three (3) business days after arrival give written notice to Seller of any claim that (1) the Goods do not conform with the terms of the Buyer's purchase order (the "Order") or (2) that the Goods are defective, provided that a visual inspection should have revealed such defect. If Buyer shall fail to give such notice, the Goods shall be deemed to conform to the terms of the Order, and Buyer shall be deemed to have accepted and shall pay for the Goods in accordance with the terms of the Order and these Terms (together, the "Agreement").

Buyer agrees to indemnify and hold Seller harmless from any and all claims, actions, liability, loss, damage or expense (including, without limitation, reasonable attorneys' fees) with respect to any suit, claim, demand or other proceeding arising out of or relating to the Goods, except to the extent relating to a breach of Seller's express written warranty made herein.

Seller's liability to Buyer, or person or entity purchasing from Buyer, shall be limited to the extent permitted by law, to the express warranties set forth in Seller's written warranty applicable to the Goods. Seller shall not be bound by any claim adjustment made by Buyer without prior written authorization by Seller's representative. Return of Goods will not be accepted unless a written authorization for return has been given by Seller. Any unauthorized returns are subject to refusal by Seller and may be returned to Buyer on a freight collect basis. SELLER SHALL HAVE NO LIABILITY TO BUYER (OR ANY PERSON OR ENTITY CLAIMING THROUGH BUYER) FOR LOST PROFITS, LOSS OF REVENUE, OR FOR INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES AND THESE ARE HEREBY WAIVED BY BUYER.

The terms of payment for the Goods shall be as stated on each invoice or, if the Order is placed through the Website, on the final confirmation page before the Order is submitted. Payment terms begin from the date of invoice, or with respect to any Order placed through the Website on the date the Order is submitted. A finance charge of 1 1/2% per month or the maximum rate allowed by law, whichever is less, will be charged on each payment received after the due date. A thirty ($30.00) dollar fee will be charged on each check returned due to insufficient funds. Checks will not be re-deposited. In the event a legal action is commenced by Seller to enforce any of the terms of this Agreement, Seller shall be entitled to recover its collection costs and reasonable attorney's fees incurred in connection with such legal action.

Credit arrangements are subject to written approval of Seller and are subject to change without notice. In the event Buyer fails to fulfill the terms of payment or in the event Seller shall have any doubt at any time as to Buyer's financial responsibility, Seller may decline to make further deliveries except upon receipt of cash or satisfactory security.

Buyer shall reimburse Seller for all taxes, excises or other charges that Seller may be required to collect for and/or pay to the government upon the sale or transportation of the Goods.

No liability shall result from delay in performance or nonperformance of this Agreement directly or indirectly caused by fire, explosion, accidents, flood, or other act of God, labor trouble or shortage, act of or authorized by any government, inability to obtain suitable material, equipment, fuel, power or transportation, or arising from contingencies, happenings or causes beyond the control of the party affected. Seller shall not be required to provide quantities of Goods so affected by any such circumstances, but this Agreement shall otherwise remain unaffected.

Orders are not assignable or transferable by Buyer in whole or in part, except with the prior written consent of Seller.

In the event of inability for any reason to supply the total demands for the Goods specified, Seller may allocate its available supply among any or all of customers on such basis as it may deem fair and practical, without liability for any failure of performance which may result there from.

Seller's Website may contain functions that allow the Buyer to purchase Goods (as applicable, "Customized Goods") that have been customized by the addition of trademarks, logos, copywritten material or other marks that are provided by, or specified by, the Buyer (as applicable, "Buyer Marks"). Buyer represents and warrants that, with respect to any Customized Goods ordered by Buyer, Buyer will have absolute ownership or an appropriate license to use, display and create derivative works from, all Buyer Marks that Buyer may provide or specify. In addition to any other remedies Seller may have at law or in equity, Buyer agrees to indemnify, defend and hold harmless Seller and its subcontractors, agents, partners, principals, members, officers and employees (an "Indemnified Party") from and against any and all liability, expenses, including reasonable legal fees, and claims for damages to the extent resulting from any Buyer Marks or any breach by Buyer of the foregoing representation and warranty that results in a third party claim against the Indemnified Party alleging that such Indemnified Party has infringed the intellectual property rights of such third party.

This Agreement shall be construed and enforced in accordance with the laws of the state of Georgia. Buyer agrees to (i) irrevocably and unconditionally submit to the exclusive jurisdiction of the state and federal courts located in Atlanta, Fulton County, Georgia to resolve any disputes relating to this Agreement and (ii) waive any right to move or dismiss or transfer any such action brought in such court on the basis of any objection to personal jurisdiction or venue. Any controversy or claim arising out of or relating to this Agreement shall, at the election of Seller, be settled by arbitration conducted in Atlanta, Georgia in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Buyer agrees that Seller may use Buyer's name and logo on Seller's website and in other marketing materials to identify Buyer as a customer of Seller.

No terms or conditions other than those stated in this Agreement shall be binding on Seller unless such modifications or additional terms are made in writing and executed by an officer of Seller. No terms or conditions contained herein shall be deemed affected by Buyer's documents containing other or different terms and conditions. The terms and conditions of this Agreement shall take precedence over any different or conflicting terms in Buyer's Order or other Buyer documents. Acceptance by Seller of the Order is expressly limited to the terms and conditions contained in this Agreement. In the event an Order shall be deemed an acceptance of Buyer's offer, the Order is expressly conditioned upon Buyer's assent of the terms and conditions contained in this Agreement. A written contract between Buyer and Seller that expressly references this Agreement may supersede this Agreement to the extent, and in the manner, provided therein.

In the event an order is confirmed as approved and such order is subsequently canceled, regardless of the timeframe after approval, Buyer may be subject to an Order Termination Fee of 15% of the order Total or $50.00, whichever is greater. If applied, this fee shall be subtracted from any refund for such canceled order regardless of the payment method or the reason for such cancellation.

Terms of Use

Welcome to the NetKnacks website (the "Site"). By accessing this Site, you agree to be bound by the terms and conditions below (the "Terms"). If you do not agree to all of the Terms, please do not use the Site. The Company may from time to time modify or revise the Terms by updating this Web page. Your use of our Site following any such change constitutes your agreement to follow and be bound by the Terms as changed. If any change is unacceptable to you, your only recourse is to terminate your use of the Site.

Copyright and Trademark Notice This Site and its contents, including, but not limited to, text, photographs, graphics, illustrations, video, sound, and other material (all such content collectively referred to as "Content") are protected under United States and international copyright laws and are the property of the Company or its third-party licensors. All rights reserved. All logos, splash screens, page headers, custom graphics, and button icons displayed on this Site are service marks, trademarks, and/or trade dress (collectively, "Marks") of the Company or its third-party licensors. Except as specifically permitted herein, copying, distributing, transmitting, displaying, modifying, selling, or participating in the sale of, or otherwise exploiting or using any Content or any Marks in any form or by any means without the express written permission of the Company is prohibited and may violate the copyright or trademark laws of the United States and/or other countries.

The Site and its Contents are intended solely for personal, noncommercial use by the users of the Site. You may download or copy the Contents displayed on the Site for the sole purpose of using the Site as a personal resource, provided that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. No right, title, or interest in any downloaded materials is transferred to you as a result of any such downloading or copying.

Your Comments We appreciate your comments, remarks, feedback, suggestions, ideas, and other submissions you disclose or transmit to us (collectively, "Comments"). You grant the Company and its affiliates a perpetual, irrevocable, worldwide, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, publicly perform, and publicly display (in whole or in part) your Comments, your name, and any related copyrights, moral rights, or other intellectual property rights.

Privacy It is our policy to respect the privacy of individuals who visit the Site or provide Comments to us. Our privacy policy (the "Privacy Policy") is incorporated herein by reference. By accepting these Terms, you expressly consent to the use and disclosure of your personally identifiable and other information as described in the Privacy Policy.

Linked Sites This Site may contain links to other websites ("Linked Sites"). The Company does not operate or control any information, products, or services on the Linked Sites and does not endorse or approve any products or information offered at Linked Sites. You acknowledge and agree that your access or use of any Linked Site is at your own risk.

Disclaimer This site, its contents, and all information, products, and services contained in or offered through this site are provided on an "as is" and "as available" basis without representations or warranties of any kind. The Company expressly disclaims all such representations and warranties, either express or implied, including, without limitation, warranties of title, merchantability, fitness for a particular purpose, or non-infringement and any implied warranties arising from course of dealing or course of performance. The Company does not warrant that this Site or its contents will be complete, accurate, uninterrupted, secure, or error free or that the Site or the server that makes it available are free of viruses or other harmful components. All information on the Site is subject to change without notice.

Indemnification You agree to defend, indemnify, and hold the Company harmless from and against any and all claims, losses, damages, liabilities, costs, and expenses, including attorneys' fees, arising from or related to your (i) use of the Site or (ii) violation of any of these Terms.

Limitation of Liability In no event shall the Company be liable for any direct, indirect, consequential, special, or incidental damages arising out of or related to your use of or inability to use this site or goods or services purchased or obtained through this Site, whether in an action under contract, negligence, or any other theory, even if the Company has been advised of the possibility of such damages. The Company's total liability for any claim arising from or related to your use of this Site shall not exceed one hundred dollars (US$100).

Miscellaneous These Terms are governed by and shall be construed in accordance with the laws of the State of Georgia without giving effect to any principles of conflicts of law. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms are effective unless and until terminated by the Company.